DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5182-11
17 August 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval ©
Records, sitting in executive session, considered your
application on 10 August 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
_ regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 31 May 1988 at age 17. On 1 June 1989, you received
nonjudicial punishment (NJP) for failure to obey a lawful
regulation. On 20 May 1990, you received NUP for failure to go
to your appointed place of duty. On 3 December 1993, you
received NUP for failure to obey a regulation by wrongfully
charging personal telephone calis’ in the amount $250.00 on an
official government telephone, and obtaining the service under
false pretenses. You were counseled regarding your misconduct
and warned that further offenses could result in administrative
separation. You were notified of pending administrative
processing with a general discharge due to misconduct. You
waived all of your procedurals rights, including your right to an
administrative discharge board (ADB). On 18 February 1994, you
received the general discharge for misconduct, and were assigned
an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing your
characterization of service or reenlistment code given the
seriousness of your misconduct that resulted in three NJPs.
An RE-4 reenlistment code must be assigned to all Marines
discharged due to misconduct. The Board noted that you waived
your procedural right to an ADB, your best opportunity for
retention or a better characterization of service. Finally, the
Board believed that you were fortunate to receive a general
discharge since a separation under other than honorable
conditions is often directed when a Marine is separated for
misconduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
It ig regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFE
Executive D r
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